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All Journal Substantive Justice International Journal of Law Reswara: Jurnal Pengabdian Kepada Masyarakat Law_Jurnal JURNAL ILMIAH GLOBAL EDUCATION Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) SENTRI: Jurnal Riset Ilmiah SWARNA DEVOTE: Jurnal Pengabdian Masyarakat Global SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum International Asia Of Law and Money Laundering (IAML) Legalpreneur Journal Jurnal Sosial, Politik dan Budaya (SOSPOLBUD) Tasyri' jle JGEN : Jurnal Pengabdian Kepada Masyarakat SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Kusbianto, Kusbianto
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Tasyri'

 1 
Opportunities and Challenges to Strengthen the Role of Non-Judge Mediators in Realizing Humanist and Effective Justice Seniman Nainggola, Gunar; Kusbianto, Kusbianto; Trisna Dewi, Ayu
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.466

Abstract

Mediation as part of the civil justice system in Indonesia has received juridical reinforcement through Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Court, which affirms the strategic role of non-judge mediators in resolving disputes amicably. This article aims to analyze the role of non-judge mediators following the enactment of Supreme Court Regulation No. 1 of 2016, identify opportunities and challenges in the implementation of court mediation, and assess their contribution to the efficiency of dispute resolution in order to realize a humanistic and effective judicial system. This study employs a normative legal method with statutory and conceptual approaches. The results indicate that non-judge mediators play a significant role in increasing the success of mediation through participatory and communicative approaches. Nevertheless, the optimization of their role still faces normative, structural, and cultural challenges, requiring regulatory reinforcement, enhancement of mediator competencies, and institutional support within the judiciary.
Criminal Law Policy in the Eradication of Narcotics Crimes in the Belawan Port Area H.Habeahan, Abdul Ryfay; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.472

Abstract

Narcotics crimes constitute serious and transnational forms of organized crime, in which port areas represent highly vulnerable entry points for illicit drug trafficking. Belawan Port, as a strategically important international port in Indonesia, has significant potential to be exploited as a gateway for the smuggling and distribution of illegal narcotics. This study aims to analyze the regulation of criminal law policy in combating narcotics crimes in port areas, examine the implementation of criminal law policy in the Belawan Port region, and identify the obstacles encountered in its enforcement. The research employs a normative juridical method, utilizing statutory and conceptual approaches supported by secondary legal materials. The findings indicate that criminal law policies related to narcotics control have been comprehensively regulated; however, their implementation at Belawan Port has not been fully effective due to structural, substantive, and cultural constraints. Therefore, strengthening inter-agency coordination among law enforcement authorities and adopting a more integrated approach combining penal and non-penal measures are necessary to enhance the effectiveness of narcotics crime prevention and eradication in port areas.
Implementation of Criminal Law Policy in Handling Narcotics Crimes at Asahan Police Station Syamsuar, Noji; Kusbianto, Kusbianto; Zuliah, Azmiati
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.473

Abstract

Narcotics crimes constitute serious offenses that threaten public security, public health, and social order. Their control requires the implementation of a comprehensive criminal law policy based on a clear normative framework. This article aims to analyze the implementation of criminal law policy in handling narcotics crimes at the Asahan Police Resort, the factors influencing its implementation, and the obstacles encountered. This study employs a normative juridical research method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The results indicate that criminal law policy on narcotics crimes has been normatively regulated under Law Number 35 of 2009 on Narcotics; however, its implementation still faces challenges, including limited supporting facilities, constraints in law enforcement capacity, and the complexity of narcotics-related crimes. Therefore, strengthening an integrated and effective criminal law policy is essential to enhance law enforcement performance.
Application of Restorative Justice Approach in Handling Cases of Alleged Medical Malpractice by the Police: Study at The North Sumatra Police Franshery Malau, Togu; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.483

Abstract

The restorative justice approach represents a contemporary paradigm within the Indonesian criminal justice system that emphasizes the resolution of criminal cases through the restoration of relationships between victims, offenders, and the community in a proportional manner. This approach is particularly relevant in handling alleged medical malpractice cases, considering their close connection to professional negligence and the legal relationship between medical practitioners and patients. This study aims to analyze the legal framework governing the application of restorative justice in criminal case handling, specifically alleged medical malpractice cases by the police, and to examine its implementation during the investigation and inquiry stages at the North Sumatra Regional Police. In addition, this research identifies the obstacles faced by law enforcement authorities in applying the restorative justice approach. The research method employed is normative juridical research combined with an empirical approach, conducted through literature review and interviews with police officers. The findings indicate that, from a normative perspective, the police possess an adequate legal basis to implement restorative justice. However, in practice, several challenges remain, including limited public understanding, differing perceptions among victims, the complexity of medical evidence, and caution among law enforcement officers in exercising discretion. Therefore, strengthening technical regulations and enhancing investigators’ capacity are necessary to ensure effective and equitable implementation.
Co-Authors Abraham Abraham Abrar, Muhammad Aulia Adiputra, Adiputra Agung Dwi Laksono Andayani, Sintia Arif, Ahmad Ridho Arios, Rion Ayu Trisna Dewi Azmi, Syariful Desranta, Vincent Elina, Elina Fitriana Fitriana Franshery Malau, Togu Fredy Fredy Guntari, Suryani H.Habeahan, Abdul Ryfay Lubis, Arif Maulana Lubis, Rafnila Maysarah, Andi MELKI SUHERY SIMAMORA Miftahuddin Miftahuddin Nadirah, Ida Nurhayati Nurhayati Panjaitan, Uli Pramono, Rahman Pranoto, Agus Rahmat, Tomy Aldista Rina Melati Sitompul Ruslan Ruslan Safnul, Dody Sahputra, Rilawadi Saputra, Iqbal Saputra, Rilawadi Satar, Abdul Seniman Nainggola, Gunar Sigit Purnomo Simamora, Melky Suheri Sipayung, Edi Setiawan Sirait, Mangatur Sitompul, Ariman Suparman Suparman Surnada, Surnada Syafrizal, Dedek Syamsuar, Noji Wahyu Utomo Wahyu, Ahmad Braja Yazid, Fadhil Yudha, Nano Eka Zaen, Pratiwi Putri Marshanda Zuliah, Azmiati